18 U.S. Code § 3141 - Release and detention authority generally

(a) Pending Trial.— A judicial officer authorized to order the arrest of a person under section
3041 of this title before whom an arrested person is brought shall order that such person be released or detained, pending judicial proceedings, under this chapter.

(b) Pending Sentence or Appeal.— A judicial officer of a court of original jurisdiction over an offense, or a judicial officer of a Federal appellate court, shall order that, pending imposition or execution of sentence, or pending appeal of conviction or sentence, a person be released or detained under this chapter.

1986—Subsec. (a). Pub. L. 99–646, § 55(a), (b), substituted “authorized to order the arrest of a person under section
3041 of this title before whom an arrested person is brought shall order that such person be released” for “who is authorized to order the arrest of a person pursuant to section
3041 of this title shall order that an arrested person who is brought before him be released” and “under this chapter” for “pursuant to the provisions of this chapter”.

Subsec. (b). Pub. L. 99–646, § 55(a), substituted “under this chapter” for “pursuant to the provisions of this chapter”.

Effective Date of 1986 Amendment

Pub. L. 99–646, § 55(j),Nov. 10, 1986, 100 Stat. 3611, provided that: “The amendments made by this section [amending this section and sections
3142 to
3144,
3146 to
3148, and
3156 of this title] shall take effect 30 days after the date of enactment of this Act [Nov. 10, 1986].”

Pub. L. 98–473, title II, § 202,Oct. 12, 1984, 98 Stat. 1976, provided that: “This chapter [chapter I (§§ 202–210) of title II of Pub. L. 98–473, enacting sections
3062 and
3141 to
3150 of this title, amending sections
3041,
3042,
3154,
3156,
3731,
3772, and
4282 of this title and section
636 of Title
28, Judiciary and Judicial Procedure, repealing sections
3043 and
3141 to
3151 of this title, and amending rules 5, 15, 40, 46, and 54 of the Federal Rules of Criminal Procedure, set out in the Appendix to this title, and rule 9 of the Federal Rules of Appellate Procedure, set out in the Appendix to Title 28] may be cited as the ‘Bail Reform Act of 1984’.”

Short Title of 1982 Amendment

Pub. L. 97–267, § 1,Sept. 27, 1982, 96 Stat. 1136, provided: “That this Act [amending sections
3152 to
3155 of this title and section
604 of Title
28, Judiciary and Judicial Procedure, and enacting provisions set out as notes under sections
3141 and
3152 of this title] may be cited as the ‘Pretrial Services Act of 1982’.”

Short Title

Pub. L. 89–465, § 1,June 22, 1966, 80 Stat. 214, provided: “That this Act [enacting sections
3146 to
3152 of this title, amending sections
3041,
3141 to
3143, and
3568 of this title, and enacting provisions set out as a note below] may be cited as the ‘Bail Reform Act of 1966’.”

Purpose of Bail Reform Act of 1966

Pub. L. 89–465, § 2,June 22, 1966, 80 Stat. 214, provided that: “The purpose of this Act [enacting sections
3146 to
3152 of this title, amending sections
3041,
3141 to
3143, and
3568 of this title and enacting provisions set out as a note above] is to revise the practices relating to bail to assure that all persons, regardless of their financial status, shall not needlessly be detained pending their appearance to answer charges, to testify, or pending appeal, when detention serves neither the ends of justice nor the public interest.”

LII has no control over and does not endorse any external Internet site that contains links to or references LII.